MUMBAI: The Bombay High Court on Tuesday handed the custody of a four-year-old to his mother, ensuing a battle with her husband, a South-African national. The division bench of justices B. H. Marlapalle and D. B. Bhosale spoke to the couple - Deepti Nandlal (34), an Indian citizen and Rishi Nandlal (46), as well as the child in their chamber before passing the order.

The court observed that the father should have access to the child and should carry the educational burden of their son. The court, meanwhile, allowed Rishi to spend time with his son till September 6,when the matter will come up for next hearing. The judges have also suggested that the couple sit along with their lawyers and discuss terms and conditions for divorce by mutual consent before the family court, for which the lawyers sought two days time.

"We have already made it clear to both that their matrimonial life may be beyond repair, rather than torturing each other, apply for divorce by mutual consent," said Justice Marlapalle. As of now, the father may not get the custody of the child but he can visit the child, the court further held. The judges, however, asked Rishi to deposit his passport in the court till Friday while allowing him to take his son out for the next three days, as he was leaving for South africa on Saturday. The Court also suggested that the couple make arrangements regarding maintenance for Deepti, their child and his education here while discussing the terms for mutual consent divorce.

The boy, who was born on July 16,2004 in Durban, South Africa, had been living there till December 2006 when he came to Mumbai with his mother. In eight days of their arrival, she filed a petition for his legal custody and divorce from Rishi. Alleging ill-treatment, Deepti had left Rishi's house in South Africa and come to Mumbai to reside with her family. She has said in the petition that she can take care of her child as she was in a better position to look after him being a house wife. Also, her family could support her.

Source : DNA